THE ROLE OF JUDICIAL PRECEDENT IN SHAPING LEGAL SYSTEMS: The Court of Biys and English Law in Focus

This study explores the role of judicial precedent in promoting fairness and efficiency in justice, focusing on its application in two distinct legal systems: the court of biys and the English judicial system. The study uses a variety of research methods, including historical-legal, comparative-legal, formal-legal, systemic-structural, statistical, and general scientific approaches to gather insights. The findings show that, despite differences in their socio-cultural backgrounds, both the court of biys and the English common law system rely on judicial precedent to maintain consistency and stability in legal decision-making. The analysis revealed that precedents in the court of biys drew on oral traditions and adapted to each case's specific circumstances. Meanwhile, the English system is governed by a formal hierarchy and the doctrine of stare decisis. To support these conclusions, an expert survey was conducted, providing empirical data that reinforced the historical and doctrinal analysis. The survey indicated that the court of biys excelled in the speed and accessibility of justice, while the English system offered greater legal certainty and fairness. Despite structural differences, the study shows that both systems can deliver justice when adapted to the needs of their respective societies. The study highlights the importance of considering cultural and historical contexts when evaluating legal systems. It demonstrates that different approaches to judicial precedent can be equally effective in ensuring justice in diverse socio-cultural environments.